SC puts Bihar, Centre on notice over AES deaths

The vacation bench of justices - Sanjiv Khanna and BR Gavai - has asked the central government and the Bihar government to file detailed responses on the steps being taken to tackle the disease within one week.

Aneesha Mathur

New Delhi

June 25, 2019

UPDATED: June 25, 2019 03:15 IST

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A child showing symptoms of Acute Encephalitis Syndrome (AES) being treated at a hospital in Muzaffarpur.

Healthcare, sanitation and nutrition are "basic rights", observed the Supreme court on Monday while hearing a PIL on the recent encephalitis deaths in Bihar.

The vacation bench of justices - Sanjiv Khanna and BR Gavai - has asked the central government and the Bihar government to file detailed responses on the steps being taken to tackle the disease within one week.

"The writ petition raises issues of grave concern and importance relating to public medical care facilities, nutrition and sanitation or hygiene. The respondents will file their response within seven days, specifically dealing with the question of public medical care facilities, nutrition and sanitation or hygiene," the bench observed in its order.

During the hearing, petitioner advocate Manohar Pratap also told the court that there were "several affected districts which did not have primary healthcare facilities for over 25-30 kilometre."

Lawyers present in the court, who also sought the court's permission to intervene in the matter, also informed the court that the situation was similar to the 2018 situation in Uttar Pradesh, where hundreds of children had died without healthcare facilities due to Acute Encephalitis Syndrome (AES).

"We have read reports in the media that now the situation is so bad that there are no children left in some villages... Is that true? How did Uttar Pradesh cope with it? They had a similar epidemic," asked the concerned bench.

The court has also questioned the central government, whether any policy initiative to tackle the "repeated epidemics" had been put in place or not.

Additional Solicitor General Vikramajit Banerjee, who appeared on the behalf of the central government, informed the court that "steps were being taken to tackle the issue."

"This requires serious action," the bench later observed. Over 150 children are reported to have died to the AES in Muzaffarpur alone. The PIL filed by Pratap has sought orders to the Centre and state government to provide mobile healthcare units and intensive care units with doctors, to be there in remote districts in Bihar, which suffer the most due to lack of adequate healthcare and sanitation facilities.

The plea has also called for private hospitals to provide free treatment for the AES patients in Muzaffarpur.